ABC Pollster Gary Langer reminds us that an ABC News / Washington Post poll earlier this month found nearly 2-1 support for providing legally married gay couples the same federal benefits given to married couples.

The same survey found 57 percent support for allowing gays and lesbians to marry legally.

David Boies, who argued the Prop 8 case at the Supreme Court, is outside the court and he's very happy. We're one court decision away, he said, from the court affirming that there is a fundamental right to marriage.

The Prop 8 case, which was decided on standing and not on the merits, scrambled normal conservative / liberal lines... Kennedy wrote opinion in the DOMA case, with its sweeping language about equal rights. Then he argued in the Prop 8 dissent that they should decide on the merits of the case. Kennedy, who is from California, said the court should have allowed people not in government to defend the Prop 8 initiative.

Ariane de Vogue points out:

Chief Justice John Roberts writing for 5-4 said, “petitioners did not have standingto appeal the District Court’s order”

“We have never before upheld the standing of a private party to defend the constitutionality of a state statute when state officials have chosen not to. We decline to do so for the first time here. Because petitioners have not satisfied their burden to demonstrate standing to appeal the judgment of the District Court, the Ninth Circuit was without jurisdiction to consider the appeal.”

Roberts was joined by Justices Scalia, Ginsburg, Breyer and Kagan.

Kennedy wrote a dissent and said “In the end, what the Court fails to grasp or accept is the basic premise of the initiative process. And it is this. The essence of democracy is that the right to make law rests in the people and flows to the government, not the other way around. Freedom resides first in the people without need of a grant from government.”Kennedy was joined in dissent by Justices Thomas, Alito and Sotomayor.

Defense Secretary Hagel's responded to the Supreme Court's DOMA decison in a ppaer statement It will have a big impact because until now DOMA had prevented the DoD from providing all benefits to same sex married couples in the military following the repeal of don't ask, don't tell. Now with the ruling spouses in same sex marriages will be eligible for all benefits, until now the DoD could provide some benefits -- those that didn't use the word spouse in their availability-- they were to become available in September. Now benefits like health care for military spouses and life insurance beneficiaries will be available. Hagel says the benefits will become available as soon as possible

"The Department of Defense welcomes the Supreme Court's decision today on the Defense of Marriage Act. The Department will immediately begin the process of implementing the Supreme Court's decision in consultation with the Department of Justice and other executive branch agencies. The Department of Defense intends to make the same benefits available to all military spouses - regardless of sexual orientation - as soon as possible. That is now the law, and it is the right thing to do.

"Every person who serves our nation in uniform stepped forward with courage and commitment.All that matters is their patriotism, their willingness to serve their country and their qualifications to do so.Today's ruling helps ensure that all men and women who serve this country can be treated fairly and equally, with the full dignity and respect they so richly deserve."